Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.
(b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), to protect property (Subchapter D), for law enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F).
(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
(d) The justification afforded by this section is available if the actor reasonably believes:
(1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or
(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
41
cases (
2 in the last 5 years), 1981–2025 · leading case:
Miles v. State, 241 S.W.3d 28 (Tex. Crim. App. 2007).
Miles v. State, 241 S.W.3d 28 (Tex. Crim. App. 2007).
· cites it 4× “21 to similarly insulate the conduct of a private citizen who was speeding, ignoring traffic signals, and otherwise driving recklessly, all in the cause of apprehending a suspect, even if he was authorized by statute to make a citizen's arrest.”
Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007).
“Tex Pen.Code §§ 9.21, 9.22, 9.33, 9.34. Other justifications relate to Protection of Property, Law Enforcement, and Special Relationships.”
Phillips v. State, 161 S.W.3d 511 (Tex. Crim. App. 2005).
· cites it 4× “Further, the State argues that even if the court found she was not an "authorized representative," the trial court could have found her conduct justified under Texas Penal Code § 9.21, and found that her conduct did not constitute criminal trespass.”
Breeding v. State, 809 S.W.2d 661 (Tex. App. 1991).
· cites it 2× “Tex.Penal Code Ann. § 9.21(a) (Vernon 1974).”
Pitonyak v. State, 253 S.W.3d 834 (Tex. App. 2008).
“See Tex. Penal Code Ann. § 9.21 (West 2003) (public duty defense); see also Rosalez v.”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
“Neither party points to Tex. Penal Code § 9.21, which provides a more generalized "public duty” defense to crimes.”
Rosalez v. State, 875 S.W.2d 705 (Tex. App. 1993).
“See TexPenal Code Ann. § 9.21 (Vernon 1974). In this case, Hughey testified he entered appellant’s property because there were suspicious persons reported in the area and he could not determine from standing outside the gate if appellant’s residence was “okay.”
Ross v. State, 543 S.W.3d 227 (Tex. Crim. App. 2018).
“See Tex. Penal Code § 9.21 ("Public Duty"). Laster , 275 S.”
Wilson v. State, 777 S.W.2d 823 (Tex. App. 1989).
“Appellant relies on Tex. Pen. Code Ann. § 9.21 (1974) that provides, in relevant part, that conduct that is otherwise criminal “is justified if the actor reasonably believes the conduct is required or authorized by law.”
Rue v. State, 958 S.W.2d 915 (Tex. App. 1997).
“Tex. Penal Code Ann. § 9.21 (Vernon 1994).”
— Tex. Penal Code § 9.21(a) — 6 cases
Breeding v. State, 809 S.W.2d 661 (Tex. App. 1991).
“Tex.Penal Code Ann. § 9.21(a) (Vernon 1974).”
— Tex. Penal Code § 9.21(b) — 2 cases
Miles v. State, 241 S.W.3d 28 (Tex. Crim. App. 2007).
“21 to similarly insulate the conduct of a private citizen who was speeding, ignoring traffic signals, and otherwise driving recklessly, all in the cause of apprehending a suspect, even if he was authorized by statute to make a citizen's arrest.”
— Tex. Penal Code § 9.21(d) — 1 case
— Tex. Penal Code § 9.21(d)(2) — 1 case
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